ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex VI,rev.1 Page 6 ARTICLE 10: COMMUNICATIONS BETWEEN THE PARTIES 1. All communications between the parties shall be made in writing without delay. 2. The PRSE shall be responsible for the communication of documents to the claimant. 3. In order to ease the review process, copies of the communications may be sent in parallel by electronic mail to the parties. 4. In case of conflict, the written claim and accompanying documents shall be considered as the original form of the referral. 5. Communications between the parties shall be made in the language originally used by the claimant under the provisions of Article 7 of the present Implementing Instruction. ARTICLE 11: EVIDENCE OF DELIVERY. All communications and notifications provided for under the present Implementing Instruction shall be either handed to the addressee against his signature or sent by registered mail and a receipt obtained. ARTICLE 12: POWERS OF THE HEAD OF THE PROCUREMENT DEPARTMENT 1. Within the 10 day period for reaching his decision the Head of the Procurement Department shall have the right to: a) Call for a meeting with the claimant in order to resolve the claim by mutual agreement. In such cases the minutes of the meeting shall be taken down by the PRSE staff and shall be signed by the participants at the end of the meeting. b) Call for a meeting with the claimant for the sole purpose of establishing any facts that may assist him in his decision. In such cases the minutes of the meeting shall be taken down by the PRSE staff and shall be signed by the participants at the end of the meeting. c) Request the PRSE in writing to hold a meeting with the claimant for the sole purpose of establishing any facts that may assist him in his decision. In such cases the minutes of the meeting shall be taken down by the PRSE staff and shall be signed by the participants at the end of the meeting. d) Request the PRSE in writing to conduct within the Agency any investigation, information gathering or hearing of witnesses for the establishment of facts that may assist him in his decision.
ESA/REG/001, rev.2 Annex VI,rev.1 Page 7 e) Request the claimant through the PRSE to produce any documents and to supply any information which he considers may assist him in his decision. Where the claimant refuses to produce or supply such information he shall provide the reasons for such refusal in writing to the PRSE who will record the refusal in the review file and communicate it to the Head of the Procurement Department. 2. Further to Section1 above the Head of the Procurement Department, based on the fact in his possession, may: a) by delegation from the Director General take all interim measures including the suspension of the procurement process under review in accordance with Article 56 of the of the Agency’s Procurement Regulations for procurement actions below 20 000 000 Euro; b) propose to the Director General interim measures including the suspension of the procurement process under review in accordance with Article 56 of the Agency’s Procurement Regulations for procurement actions above 20 000 000 Euro. Any decision by the Director General not to follow an interim measure recommended by the Head of the Procurement Department shall in no case constitute the basis for a further claim by the claimant. ARTICLE 13: FINAL DECISIONS BY THE HEAD OF THE PROCUREMENT DEPARTMENT 1. The decision shall be issued in writing to the claimant and shall state the reasons, facts and Agency’s applicable rules on which it is based. 2. The decision shall be signed by the Head of the Procurement Department or the person designated by him. 3. A copy of the decision shall be kept in the files of the PRSE. ARTICLE 14: COMMUNICATION OF THE DECISIONS OF THE HEAD OF THE PROCUREMENT DEPARTMENT The final decision of the Head of the Procurement Department shall be communicated for information to the Chairman of the Industrial Policy Committee for procurement actions which have been or should be the subject of a submission to the Industrial Policy Committee in accordance with the Agency’s Procurement Regulations. ARTICLE 15: COST OF PROCEEDINGS The Parties shall in all cases bear their own costs.
- Page 177 and 178: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 179 and 180: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 181 and 182: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 183 and 184: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 185 and 186: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 187 and 188: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 189 and 190: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 191 and 192: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 193 and 194: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 195 and 196: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 197 and 198: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 199 and 200: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 201: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 204 and 205: ESA/REG/001, rev.2 Annex IV Page 2
- Page 206 and 207: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 208 and 209: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 210 and 211: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 212 and 213: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 214 and 215: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 216 and 217: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 218 and 219: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 220 and 221: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 222 and 223: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 224 and 225: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 226 and 227: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 230 and 231: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 232 and 233: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 234 and 235: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 236 and 237: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 238 and 239: ESA/REG/001, rev.2 Annex VI,rev.1 P
<strong>ESA</strong>/REG/001, rev.2<br />
Annex VI,rev.1<br />
Page 7<br />
e) Request the claimant through the PRSE to produce any documents and to<br />
supply any information which he considers may assist him in his decision.<br />
Where the claimant refuses to produce or supply such information he shall<br />
provide the reasons for such refusal in writing to the PRSE who will record the<br />
refusal in the review file and communicate it to the Head of the Procurement<br />
Department.<br />
2. Further to Section1 above the Head of the Procurement Department, based on the<br />
fact in his possession, may:<br />
a) by delegation from the Director General take all interim measures including the<br />
suspension of the procurement process under review in accordance with Article<br />
56 of the of the Agency’s Procurement Regulations for procurement actions<br />
below 20 000 000 Euro;<br />
b) propose to the Director General interim measures including the suspension of<br />
the procurement process under review in accordance with Article 56 of the<br />
Agency’s Procurement Regulations for procurement actions above 20 000 000<br />
Euro.<br />
Any decision by the Director General not to follow an interim measure<br />
recommended by the Head of the Procurement Department shall in no case<br />
constitute the basis for a further claim by the claimant.<br />
<strong>ARTICLE</strong> 13: FINAL DECISIONS BY THE HEAD OF THE<br />
PROCUREMENT DEPARTMENT<br />
1. The decision shall be issued in writing to the claimant and shall state the reasons,<br />
facts and Agency’s applicable rules on which it is based.<br />
2. The decision shall be signed by the Head of the Procurement Department or the<br />
person designated by him.<br />
3. A copy of the decision shall be kept in the files of the PRSE.<br />
<strong>ARTICLE</strong> 14:<br />
COMMUNICATION OF THE DECISIONS OF THE HEAD<br />
OF THE PROCUREMENT DEPARTMENT<br />
The final decision of the Head of the Procurement Department shall be communicated<br />
for information to the Chairman of the Industrial Policy Committee for procurement<br />
actions which have been or should be the subject of a submission to the Industrial<br />
Policy Committee in accordance with the Agency’s Procurement Regulations.<br />
<strong>ARTICLE</strong> 15:<br />
COST OF PROCEEDINGS<br />
The Parties shall in all cases bear their own costs.
Change language